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HomeMy WebLinkAbout2023-03-13-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS Public Works Study Session Regular Meeting Monday March 13, 2023 -1:30 PM Commissioners' Auditorium 205 West 6th Room 109 - Ellensburg 1. Call to Order 2. Citizen Comments (1 min. time limit) I Mid -Columbia Fisheries Memorandum of Agreement Discussion 4. Trout Unlimited Memorandum of Agreement Discussion 5. Naneum Road Right of Way 6. Berry Road Right of Way 7. Executive Session RCW 42.30.110 (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. 8. Other business 9. Concluded Created on 311012023 8:20:56 AM KITTITAS COUNTY PUBLIC WORKS STUDY SESSION MINUTES COMMISSIONERS' AUDITORIUM, 205 WEST STH ROOM 109 Regular Meeting MONDAY 1:30 PM March 13, 2023 Board members present: una.irman Cory Wright, Vice -Chairman Brett Wachsmith, and Commissioner Laura Osiadacz. Others: Josh Fredrickson, Arden Thomas, Rebecca Cruse, Public Works; Dan Carlson, Jeremy Larson, Jessica Miller, Toni Berkshire, Steph Mifflin, Zach Torrance -Smith, Community Development Services; Neil Caulkins, Prosecuting Attorney's Office; No members of the public. At 2:01 pm Chairman Cory Wright opened the Public Works Study Session. No Citizen Comments. MID -COLUMBIA FISHERIES MEMORANDUM OF AGREEMENT DISCUSSION Arden Thomas requested the Board of County Commissioners to formalize the partnership with Mid -Columbia Fisheries. Arden Thomas explained that the organization is uniquely qualified and contributes resources to implementing the Yakima River Corridor Plan. Staff was directed to prepare enabling documents. TROUT UNLIMITED MEMORANDUM OF AGREEMENT DISCUSSION Arden Thomas gave background on collaboration with Trout Unlimited working toward the Retirement of Tjossem Ditch, a diversion off the Yakima River that serves water right holders. Trout Unlimited needs limited funding to finalize securing water rights for those property owners and implement the plan. Arden Thomas requested the Board of County Commissioners approval to utilize 2023 budgeted funds from the Flood Control Fund and Water Resources funds due to the associated benefit. Staff was directed to prepare enabling documents. NANEUM ROAD RIGHT OF WAY Josh Fredrickson briefed the Board of County Commissioners on the installation of a private gate recently erected across Naneum Road right of way. Josh Fredrickson stated that the gate impedes usage of the end -of -road turnaround thus causing unsafe conditions for trucks and snowplows that currently must back down the road to a safe location_. Josh Fredrickson added that survey data has indicated that it is a designated County Road right of way. Discussion was held on the location of the gate and fiscal impacts of removal. Neil Caulkins 2023-3-13 MINUTES applied his legal knowledge to the situation. The Board directed staff to reach out to the property owner that installed the gate. BERRY ROAD RIGHT OF WAY Josh Fredrickson briefed the Board of County Commissioners of problems associated with the intersection of Tjossem and Berry Roads. Josh Fredrickson stated that a larger turning radius is needed to mitigate frequent damages to the guardrail. Public Works requested to realign Berry Road to the East and seeks direction to acquire property for the right of way as part of the 6 -year capital plan. Direction to staff to prepare enabling documents for approval. At 2:25 pm the Board of County Commissioners announced they would recess in Executive Session for 10 minutes with Arden Thomas per RCW 42.30.110 (b) To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. Action anticipated. At 2:35 pm Chairman Cory Wright requested an additional 2 minutes for discussion. At 2:37 pm the Board of County Commissioners reconvened out of Executive Session and moved to approve the Chair's signature on purchase and sale agreement of water rights. Meeting concluded at 2:39 pm KITTITAS COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON 46-fifij& Au OLNUU-.1- Rebecca Cruse, Administrative Cory Wright, Chairman Assistant 2023-3-13 MINUTES KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 13, 2023 TOPIC: Mid -Columbia Fisheries Memorandum of Agreement ACTION REQUESTED: Direction to Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct Staff to Prepare Enabling Documentation BRIEFING SUMMARY: • Kittitas County and Mid -Columbia Fisheries have each obtained grant funding to implement the Yakima River Corridor Plan. • Projects implemented by Kittitas County and Mid -Columbia Fisheries are highly interrelated. • Given the extensive work by Mid -Columbia Fisheries within this focal restoration area and resources this organization has secured, this non-profit organization is uniquely qualified to implement certain restoration actions on behalf of Kittitas County. o Public Works wishes to formalize our relationship with Mid -Columbia Fisheries to document our respective roles, project contributions, and specify funding for cooperative implementation actions for the Yakima River Corridor Plan. BACKGROUND: In 2015 Kittitas County adopted the Yakima River Corridor Plan for habitat enhancement and flood risk management of the Yakima River, from the Jeffries Levee to the Yakima River Canyon. To implement this plan, Kittitas County has purchased floodplain properties to advance integrated floodplain management. Mid -Columbia Fisheries has been working with the Bureau of Land Management and Kittitas County on restoration implementation and site stewardship within this reach. DISCUSSION: Given the extensive work by Mid -Columbia Fisheries within this focal restoration area and resources this organization has secured, this non-profit organization is uniquely qualified to implement certain restoration actions. To date we have been working informally for mutual benefit. We wish to formalize this relationship and fund a portion of Mid -Columbia Fisheries restoration work. Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT FISCAL IMPACTS: All funding subject to the proposed Memorandum of Agreement is from competitive grant sources for restoration purposes. ATTACHMENTS: Exhibit 1: Draft Memorandum of Agreement Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Draft Memorandum of Agreement Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT MEMORANDUM OF AGREEMENT BETWEEN MID -COLUMBIA FISHERIES ENHANCEMENT GROUP AND KITTITAS COUNTY PUBLIC WORKS DEPARTMENT SUPPORTING LAND USE RESTORATION ACTIVITIES THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between Mid -Columbia Regional Fisheries Enhancement Group, hereinafter referred to as "MID - COLUMBIA FISHERIES" or MCF," and Kittitas County, hereinafter referred to as the "COUNTY," and collectively referred to as the "PARTIES." WHEREAS, on December 1, 2015, the Kittitas County adopted the Yakima River Corridor Plan for habitat enhancement and flood risk management of the Yakima River, from the Jeffries Levee to the Yakima River Canyon; and WHEREAS, Kittitas County has been implementing the Yakima River Corridor Plan by acquiring flood prone property, conducting additional technical studies, advancing restoration project design, and restoring floodplain riparian habitat on County owned property; and WHEREAS, Mid -Columbia Fisheries, a non-profit organization dedicated to protecting and restoring wild salmonid populations and their habitats through restoration, protection, education, and community involvement has been implementing the Yakima River Corridor Plan by restoring and maintaining floodplain habitat on public and private lands; and WHEREAS, Mid -Columbia Fisheries and Kittitas County have each secured funding from competitive funding sources to implement the Yakima River Corridor Plan; and WHEREAS, Mid -Columbia Fisheries is uniquely qualified to implement certain restoration actions in partnership with Kittitas County, given their current role implementing the Yakima River Corridor Plan and resources secured by MCF through funding agreements; and WHEREAS, Kittitas County and Mid -Columbia Fisheries desire to establish a Memorandum of Agreement to define MCF's and the County's respective roles, project contributions, and specifying funding for cooperative implementation actions for the Yakima River Corridor Plan for habitat enhancement and flood risk management of the Yakima River, from the Jeffries Levee to the Yakima River Canyon. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between MCF and the County as follows: I. SCOPE MCF and the County will work together in a cooperative fashion to design, implement, install, and maintain the following floodplain revegetation projects, as further described in Appendix A: A. Cottonwood Pilot Project B. Floodplain Revegetation Implementation C. Floodplain Revegetation Stewardship D. Project Coordination and Grant Writing in Support of the Cottonwood Pilot Project, Floodplain Revegetation, and Floodplain Revegetation Stewardship The financial commitments associated with each project are displayed in Appendix B, Financial Plan. Project elements for which funding has not yet been secured will be formally added to the scope of work through a written notice upon securing funding. Additional projects and changes to roles and responsibilities for existing projects can be incorporated into this agreement as allowed in Section IX. II. PERIOD OF PERFORMANCE This Agreement will go into effect on April 1, 2023, and shall be in place until December 31, 2026, unless terminated sooner as provided herein. Work described in this Agreement that occurred between December 22, 2022, and the effective date of this Agreement, as supported by MCF grant funds, will be included under this Agreement. III. ROLES AND RESPONSIBILITIES A. MCF will: 1. Provide financial support for approved work via secured grants, as described in Appendix B. 2. Complete site preparation for a cottonwood forest seedbed pilot project on 17 -acres (see Map, Site No. 6). a. Complete weed management including mowing, disking, and herbicide application to maintain the site weed -free during the 2023 and 2024 growing seasons. 3. Complete stewardship of riparian restoration projects installed on County lands in the Yakima River lower Kittitas valley corridor (Yakima Corridor). a. Sites will include the Spring Creek reforestation site (See map, Site No. 8) and the Ringer East reforestation site (See map, Site No. 1). b. Complete weed management as required around plantings. c. Complete irrigation as required around Spring Creek plantings. d. Complete treatment, removal, and disposal of colonizing sapling crack willow from Ringer East in 2023 and 2025. 4. Coordinate with federal, state, and local landowners to effectively integrate stewardship, land use and future restoration activities on the Yakima Corridor, as directed at quarterly coordination meetings. 5. Seek funding for planning, design, permitting, implementation, and stewardship of unfunded projects described in this Scope of Work, or Yakima Corridor projects as mutually agreed upon by the County and MCFEG. 6. Develop and maintain a task timeline and cost estimate for approved restoration activities. 7. Provide an annual report to the County of progress on restoration tasks. 8. Complete reporting requirements for funding secured by the County or BLM. B. The County will: 1. Provide financial support for approved work via secured grants, as described in Appendix B. 2. Provide access to Kittitas County properties approved for riparian forest restoration or stewardship activities, for MCF employees or their agents, representatives or assignees. 3. Provide technical expertise for the development and implementation of approved restoration projects, or Yakima Corridor projects as mutually agreed upon by Kittitas County and MCFEG. 4. Seek funding for planning, design, permitting, implementation and stewardship of unfunded projects described in this Scope of Work, or Yakima Corridor projects as mutually agreed upon by Kittitas County and MCFEG. 5. Complete reporting requirements for funding secured by MCF or BLM. IV. PROVISOS A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor third -party beneficiaries. B. Nothing in this MOA creates a resource obligation outside that stated within the agreement. C. This is not an exclusive agreement, and both parties reserve the right to compensate additional professional service providers. D. Indemnification/Hold Harmless. Kittitas County and MCF agree to hold each other and theirs officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts, errors or omissions of the parties in the reasonable performance of their duties under this Agreement, except for those injuries and damages that are caused or are attributable to the negligence of the agency. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Kittitas County and MCF and their officers, officials, employees and volunteers, the parties liability, including the duty and cost to defend shall be only to the extent of the responsible parties negligence. The provisions of this section shall survive the expiration or termination of this Agreement. E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs. F. By signing this agreement, both parties certify that neither they nor their officials are not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction by any federal agency or department. V. RECORDS MAINTENANCE The parties to this contract shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other parry, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. VIII: INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. IX: AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. X: TERMINATION Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. XI: GOVERNANCE This contract is entered into pursuant to and under the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a.) Applicable state and federal statutes and rules; b.) Scope of work (Attachment A); and c.) Any other provisions of the agreement, including materials incorporated by reference. XII: WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. XIII: SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. XIV: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. XV: CONTRACT MANAGEMENT The contract manager for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. The Contract Manager for MCF is: Margaret Neuman, Executive Director Mid -Columbia Fisheries Enhancement Group P.O. Box 2211 White Salmon, WA 98672 The Contract Manager for the County is: Arden Thomas, Kittitas County Water Resources Manager Kittitas County Public Works 411 N. Ruby Street, #1 Ellensburg, WA 98926 IN WITNESS WHEREOF, the parties have executed this Agreement. By: Cory Wright By: Bill Mast Title: Chairman, Board of County Commissioners Title: President, MCFEG Date: Date: 0 L a N w 7 Q a a 3 0 bo U W C � w m u °° w m c LL tA r -i v; R I- E E 0 0 V �r C Q L a) 0 w a Z L Q C1 O n N n ei E 0 L c a C a 3 � L1 LS a _o a 0 U lu O 00 c � a � E S N p O. w Q 3 U V Ln c C L m LL c. Ln 0 i cm C O w u 0 Ln O O h N VIL c w E a to a C co N. w Ln u cm C O a 7 a Ln Ln n a 14 m .(4 CD C 0 1* N t!4 E 0 L a Ln00 q rn m eY1 O1 Cl rq n ilk 4 L $ � w U L � Ln u LL a w Y ❑ rI = V ry C C w -0 a C N A:! m C 4+ C L 0 U a 0 L 4 LU g (9 -0 }, C -a m-1 0 m a m m co ❑ W V bo Ln 0 10 4 0 V U m a m0 c c •r 72 m EL 0 OC Ca3 V Q a Ln00 q rn m eY1 O1 Cl rq n ilk 4 L $ � w U L � Ln u LL a w Y ❑ Appendix A Project Map ° 0 150 340 Goo 900 1,200 NOMENNEr— McYrs 1ST Current and Proposed Lower Kittitas Restoration 1. Ringer East (KCPW, former Papineau) IL 2a and 2b. Ringer West (ELM riparian reforestation) 3. Right bank berm decommissioning AI,4. ELM lett bank riparian reforestation, at RV k park 5, lnstream side channel habitat (wood site 2) 6, Cottonwood seabed pilot 7. Yakima River at RM 150 _ * reforestation(Aranica/Acheson) . 8. Spring Creek reforestation �• ', �^8 9. Sorenson Creek at Yakima side channel reforestation f � - 160 op s - -fir �� ,■ +�� , 4 f i � w }i Y •� 1 .Aqr ~ X41 4 7' k _ r l J KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 13, 2023 TOPIC: Trout Unlimited Memorandum of Agreement ACTION REQUESTED: Direction to Staff LEAD STAFF: Arden Thomas RECOMMENDATION: Direct Staff to Prepare Enabling Documentation BRIEFING SUMMARY: • Kittitas County has invested in multi -benefit projects within the Yakima River floodplain. • As part of these multi -benefit projects, Kittitas County seeks to remove at risk infrastructure for flood control and habitat benefits. • Tjossem ditch is at flood risk and has negative environmental impacts. • Trout Unlimited has secured $470,000 but still requires $80,00 to permanently close the Tjossem Ditch. • Staff recommends providing $80,000 in funding utilizing the flood control and water resource fluids utilizing approved 2023 fund budgets. • This Tjossem Ditch Retirement Project compliments Kittitas County water right purchases and flood alleviation work, in addition to habitat goals through the Yakima Basin Integrated Plan. BACKGROUND: Tjossem Ditch is a water diversion located on the mainstem Yakima River that services a number of water right holders. Trout Unlimited, a local environmental non-profit organization has been working with remaining water right holders to provide them with alternative water supply so that the ditch can be permanently retired. This project is part of a multi -benefit effort to remove infrastructure susceptible to flood risk, to restore instrearn flows, and to restore instream and riparian habitat along the Yakima River south of Ellensburg. DISCUSSION: The Trout Unlimited -led Tjossem Ditch Retirement Project secures alternative water supply sources for Tjossem water right holds, improves instream flow and habitat, and reduces risk to infrastructure from flooding. This project directly compliments efforts by Kittitas County to purchase Tjossem ditch water rights. Additionally, Tjossem ditch was Page 1 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT previously protected by the Schaake Levee, which Kittitas County conveyed to the Bureau of Reclamation for habitat restoration purposes. This project is part of broader Yakima Basin Integrated Plan habitat improvement efforts. The provided funding completes the removal of all water right users on TJossem Ditch. Once all water right users are removed from the ditch, the flood control zone district will pursue remedial efforts on the ditch. FISCAL IMPACTS: Public Works proposes to fund this activity through both the Flood Control Fund, due to associated benefits from removing at risk flood infrastructure, and the Water Resources Fund. A portion of water resource groundwater mitigation fees is collected for habitat improvement actions. ATTACHMENTS: Exhibit 1: Draft Memorandum of Agreement Page 2 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT EXHIBIT 1: Draft Memorandum of Agreement Page 3 of 3 PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT MEMORANDUM OF AGREEMENT BETWEEN TROUT UNLIMITED AND KITTITAS COUNTY TJOSSEM DITCH WATER RIGHTS SUPPORT THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between Trout Unlimited and Kittitas County. WHEREAS, Kittitas County has purchased land and water rights previously associated with Tjossem Ditch to advance floodplain management, water right portfolio, and back mitigation for historic groundwater exempt water use goals; and WHEREAS, a floodplain management, streamflow improvement and habitat enhancement goal associated with these purchases is to extinguish all water use from the Tjossem Ditch, which diverts from the Yakima River; and WHEREAS, Trout Unlimited, a non-profit organization working to recover rivers to benefit native trout and salmon, has been working with Tjossem Ditch water right holders to fulfill their water rights from alternative sources; and WHEREAS, Trout Unlimited has secured $470,000 in funding to enable Tjossem Ditch water right holders to fulfill their water rights from alternative sources; and WHEREAS, Trout Unlimited requires an additional $80,000 to complete all work needed to complete the project; and WHEREAS, Kittitas County desires to provide up to $80,000 in funding to ensure that the project be completed and ensuring that 14 cubic feet per second remains instream and that flood control measures are not taken to protect the point of diversion. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between Trout Unlimited and Kittitas County agree as follows: I. SCOPE Kittitas County will provide up to $80,000 in funding, allocated on a refundable basis, to Trout Unlimited, to implement the Tjossem Ditch Retirement Project to completely close Tjossem Ditch. The Tjossem Ditch Retirement Project implements the series of water right dispositions shown in Appendix A. 111. PERIOD OF PERFORMANCE This Agreement will go into effect on April 1, 2023, and shall be in place until December 31, 2024, unless terminated sooner as provided herein. III. PROVISOS A. Nothing in this MOA is intended to create any rights in any parry not a party to this MOA nor third -parry beneficiaries. B. Nothing in this MOA creates a resource obligation outside that stated within the agreement. C. This is not an exclusive agreement, and both parties reserve the right to compensate additional professional service providers. D. Indemnification/Hold Harmless. Kittitas County and MCF agree to hold each other and their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the acts, errors or omissions of the parties in the reasonable performance of their duties under this Agreement, except for those injuries and damages that are caused or are attributable to the negligence of the agency. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Kittitas County and MCF and their officers, officials, employees and volunteers, the parties liability, including the duty and cost to defend shall be only to the extent of the responsible parties negligence. The provisions of this section shall survive the expiration or termination of this Agreement. E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs. F. By signing this agreement, both parties certify that neither they nor their officials are not debarred, suspended, declared ineligible, or voluntarily excluded from participation in this transaction by any federal agency or department. IV. RECORDS MAINTENANCE The parties to this contract shall each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. VIII: INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. IX: AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. X: TERMINATION Either party may terminate this Agreement upon 30 days prior written notification to the other parry. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. XI: GOVERNANCE This contract is entered into pursuant to and under the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a.) Applicable state and federal statutes and rules; b.) Scope of work (Attachment A); and c.) Any other provisions of the agreement, including materials incorporated by reference. XII: WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. XIII: SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. XIV: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. XV: CONTRACT MANAGEMENT The contract manager for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. The Contract Manager for MCF is: Lisa Pelly, Executive Director Mid -Columbia Fisheries Enhancement Group P.O. Box 2211 White Salmon, WA 98672 The Contract Manager for the County is: Arden Thomas, Kittitas County Water Resources Manager Kittitas County Public Works 411 N. Ruby Street, #I Ellensburg, WA 98926 IN WITNESS WHEREOF, the parties have executed this Agreement. By: Title: Date: By Title: Date: Appendix A Water Rights Addressed by Tjossem Ditch Retirement Project z u i 7 a- ? a ! 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J O 3 E L A cu �• VTYI 0 VI N M ' l a U a N U C O u U C o a LY ruc Lf1 ruc Lq m Ln IJ'1 fuO H �_ 8 � ei N Ql N O m O O N CO cd `0 sr s Q o a o i=+ + + + + d2 — s Q s aC a s LL LL LL. u. Q s E ir'1 Ln Ln H w r -I Ln ri Ln e-1 Ln r -I Ln r -I Ln 14 Ln 14 Ln IMI Ln N Ln H U) H s u u u u u u u u u u u u ti 0 0 0 0 0 0 0 0 3 0 0 0 0 0 OJ 1 I I >tu;a a a a a a a a� a a ¢ a a v --I -tr Ln O O N N N 00 N m n N n L + O N O O O O O Ln rn O I" N L {.i ° O O H O O O O O Ln H N N ❑ tia `> ❑O •7 m > m > m > m ,7 m 7 m 7 I 1 Q 3 a L n L a L a L a L a L a L a a a a 3 a s La b0 .-. L a aa ` !� 7 7 7 7 7 M N V q* w N N N N Ln N O�1 ONO 11 e { ! R � opo co14 ado opo •N, (� Tpuern POD Tjossem Ditch (approx ) Mod PAND Transfer #1 Transfer #2 PAND (in -process) =—+— BNSF Wilson Greek �.. �. well sites 0 0.25 0.5 1 Miles This map is Intended fur Tjossern Ditch discussion purposes and should not be relied upon for accuracy. l �(lilm ICd Sources Earl, HERE, Gamin, Intermap, increment P Cbrp., GE\mrr SI FAO, NPS. NRCAN, GeoBase, IGH, Kadaster Nl. Ordnance Survey, ETI,Esn China (Hong Kong). (c) OperhStreetMap contdbutcra, and thCommuhhfy Figure 1. The Tjossem Ditch and its approximate flow paths to separate water users are identified with each water user identified according to their implementation step. KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 13, 2023 TOPIC: Naneum Road Right of Way ACTION REQUESTED: Direction to Staff LEAD STAFF: Joshua. Fredrickson RECOMMENDATION: Direct staff to provide notification of gate encroaching in the right-of-way. BRIEFING SUMMARY: • Naneum Road Right -of -Way was identified in County Road project 8-74 plans. • Filed survey V:21, P:128 recentered the right-of-way on the as -built location. • Original right-of-way included a turn -around at the end of the road. The turnaround at the end of Naneum Road has been gated by private owners. BACKGROUND: Public Works has been made aware of a substantial gate installed at the north end of Naneum Road, at an area historically used as a snowplow turnaround. This turnaround area also appears to provide the access to parcel no. 298334. The installed gate limits access to the historic turnaround area. The gate is not across the mainline of Naneum Road, rather it is located at the mouth of the cul-de-sac leading to the turnaround. County survey research of the right-of-way found the following historical documents. In 1974 County Road Project 8-74 plans identify the turnaround as part of the right-of- way. In 1995 a private surveyor noted the road as constructed did not fall in the area identified on the plans. PW at that time provided a letter to the surveyor providing direction to establish the right-of-way around the center of the road. In 1996 the private surveyor filed survey Volume:21, Page: 198 identifying the revised right-of-way position and noting the discrepancy to the 1974 document. In the 1996 survey the turnaround area is absent. There is nothing readily found in the road file related to a county approval or review of the work by the private surveyor. DISCUSSION: Road vacation of public right-of-way is controlled by RCW Chapter 36.87 and the provisions of Kittitas County Code 12.22. The road vacation procedure may be initiated either by the Board by resolution or by owner petition. No documentation has been identified for the road vacation of the turnaround at the north end of Naneurn Road. To maintain use of the turnaround, access through, or removal of the gate will be required. Pagel of 5 Public Works "Work Session Staff Report" 2023 The gate installed includes substantially sized beams on either side and across the top, forming the entrance. FISCAL IMPACTS: Survey retracement and costs of notification are covered under the annual road fund budget. ATTACHMENTS: EXHIBIT 1: County Road Project 8-74 plans EXHIBIT 2: Survey Volume 21 Page 198 EXHIBIT 3: 1995 Letter Naneum Road Survey Page 2 of 5 Public Works "Work Session Staff Report" 2023 EXHIBIT 1: County Road Project 8-74 plans Page 3 of 5 Public Works "Work Session Staff Report" 2023 z ` k. A a n B SRTA 86 s R 4X4T 1 7 x f.11 rreA �6 ;nr e M 4 yGG: br/• k`' V was +y'fc k r wee �. v • F.+ 9.1 r1• gNO or FIROJECT .'.m..r 1 •''•• STA 64+4� @0 n EXHIBIT 2: Survey Volume 21 Page 198 Page 4 of 5 Public Works "Work Session Staff Report" 2023 m� a s oo'; 4�_' w 1702.36' � � r^� zc0�.;6r 7 302 3B' 1P I Iyn 3 r 1 I 1 m I H: y' n. I I� L � VI r ••. 5 001844' W 1790.69' 4- 15 0098'4 W ' 2117my J1 � +• f � ti v � o S N-2pI :5.1' E I E9'1 13, . 57 St �p I 11(�yy iti EO t - lm�v � u x � z v O i A s Y R p V y} V a �CS N " 3 r —'4' .14 2w Y ........... ... . _.._...__... _.. m 2558 07 H: y' n. EO t - lm�v � u x � z v O i A s Y R p V y} V �syelj fpm a�pzL an+_,x iW7wx"os $=nyM Tcm i..� ySy z1'IC'a 1"f7iSr�, 0�1 Xp t,7�fig ,nJAG'N x p ,� m cs til�iv r�'. i� aA r v�� 0130Q m oro wyr xp xxHHli y ��anAin o ,ry "� v..�u' n �rn� Ti Zm� ooiyy �(' w A xn £Z %ZxQ I£��aZ zc 41 =mr-1E O m!C �..snr�N�aa� sm �'^N yn.• �ia�i E Dov mm za s °'vcaff,,i� _f'%..,.m� ,SIN =cw �Nn ^� i'a'9e9i MIR i'�i, ¢¢ n ,n-.S =o��z � 2 coxa i oM�+1 ii ao�po�ilk ,roti ygo'z i ,,z �o�zn n $� Z ON ,wT ��D.�> n�i� 3 �m--..���.rev ij rr, •, y�•Vo i 'a'�a, 3 � {rn2 's'U in S�lz'I Gz,i S� �g �w,m am�M0�o9�9 r�,j Lr 4� I PAZ 9 L, y y � `� � � �f�GCs ul o n i-iI'fii�+.�rmMo��+io E$ ,gym imy. y�". a z 1�+r L'Zy r AW av „dm yr h ��r - aom^1gya r�iw ySr m-. g ooin an P 7-! wl^iwl"'isv i T„ C' p > �n If, Tl �p y N C ARS?. '+f � E S Z [S 7i p N2• Q Q $eiom n.�oz3oy m.g 11 0xp� WAR 66{ �x �[ z �tzi x� oM C cera Z og�� 0 •6Lv W (rt1 CN .. (XO 40 OO I;7I m m n ✓� s 00'00.54' w N OnO'54" a .n 7654.54" 2851 54' � �] • � ♦ �i sn � +Irr �} m 9 001;'41- w N 00.12141' E $ n 2604.76' 26"476, ,n en U➢ `I I� Irk I �. � �r: ml r, IM a 3 2556nn' 255&n0' N 00-24'5 f GLO 4CD0 CH. yq GLO 40.00 CH. aoc 61 �y� p•ti r n#r C xtVyy r EXHIBIT 3: 1995 Letter Naneum Road Survey Page 5 of 5 Public Works "Work Session Staff Report" 2023 Engineering Greg Jellison Project Engineer Finance Kahy Jurgens Manager Maintenance Ken Maine Manager Transportation & Trek Safety Page Scott Senior Pier Telephone: (509) 952-7623 Fax: ( 09) 962--7653— "' 4"4"tas Corrin Public Works November 17, 1995 Cruse & Nelson Chuck Cruse P.O. Box 959 Ellensburg, WA 98926 RE: Naneum Road survey Dear Churn: Upon staff review, it has been determined that the physical location of Naneum Road is not concurrent with the pians of record dated 1973 and 1974. Therefore, your firm is authorized to establish the legal right of way of Naneum Road, using the existing centerline with 30 feet on each side totaling a 80' fight of way. This authorization is only for that portion of the road lying in the E 112 of the SE 1/4 of Section 20, 'Township 19 North, Range 19 East and falls within the boundary of the property survey you are performing. Our department will review the legal right of way and field locations with you. The department policy in similar situations has been to create an equitable split of the existing roadway. Your firm will be expected to follow the same policy. Authorization to establish this right of way is for the Naneum Road project only. Other similar situations must be reviewed on a project specific basis. Please advise Fred Dunham of our survey crew when you have completed this for his review. If you have any questions, please contact this department. Sincerely; GREGORY P. JELLISON, P.E. Project Engineer 2G5 `rv2St SV., _71 -ow -r_ KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS STUDY SESSION STAFF REPORT STUDY SESSION DATE: March 13, 2023 TOPIC: Berry Road Right of Way ACTION REQUESTED: Direction to Staff LEAD STAFF: Joshua Fredrickson RECOMMENDATION: Direct staff to prepare enabling documents for right of way acquisition on Berry Road and pay the real estate excise tax for the seller. BRIEFING SUMMARY: • Continued truck impact to guardrail at the intersection of Berry Road and Tjossem. Road requires regular maintenance and replacement of guardrail. • Signs have been posted advising of the inability to turn west onto Tjossem Road for large trucks, which continue to turn and impact the guardrail. • Roadway alignment revision requiring acquisition of property has been developed. • Acquisition of property is not exempt from excise tax. BACKGROUND: Berry Road intersects Tjossem Road just east of Wilson Creek. Truck traffic from the truck stop on Canyon Road occasionally utilize Berry Road. There is insufficient turning radius for trucks to safely turn westbound onto Tjossem Road. Trucks turning are damaging the guardrail and bridge connection resulting in required replacement of the guardrail on a regular basis. We are able to recuperate costs through insurance when the driver is identified, but unable to recuperate the time spent on this recurring issue. To improve the turning movement a different alignment for Berry Road has been developed which requires acquisition of right-of-way. DISCUSSION: Public Works has replaced the guardrail at the intersection of Berry Road and Tjossem multiple times due to trucks turning and damaging the rail. Signs have been posted to advise drivers of the inability to turn, with little success. Public Works has designed a different alignment for Berry Road to improve the turning radius. This new alignment requires obtaining right-of-way from the adjoining parcel no. 806336. Public Works has been in discussion with the property owner. An agreement has been reached to perform in-kind work for exchange of a portion of the parcel to become right-of-way for the realignment of Berry Road. In-kind work to be completed will match the value of the land being acquired, based on a comparison of comparable properties conducted by Page 1 of 5 Public Works "Work Session Staff Report' 2023 County Surveyor Turnbull, and accepted by County Engineer Fredrickson. The in-kind work is to pave the access and driveway of the parcel. This work will occur at the same time of the construction to realign Berry Road. A statutory warranty deed has been prepared to transfer a portion of the parcel for use as road right-of-way. Excise tax exemption options were reviewed and found that this right-of-way acquisition does not meet any of the listed exemption criteria. Payment of the excise tax will be necessary to proceed with the acquisition for the Berry Road realignment. FISCAL IMPACTS: Costs of improvement have been included in the annual road budget. ATTACHMENTS: Exhibit 1: Real Estate Excise Tax Affidavit Exhibit 2: Statutory Warranty Deed Exhibit 3: Right -of -Way Exhibit Page 2 of 5 Public Works "Work Session Staff Report" 2023 EXHIBIT 1: Real Estate Excise Tax Affidavit — Draft Page 3 of 5 Public Works "Work Session Staff Report" 2023 Depattrn m of Revenue bYnshrRgton scats REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED El(See back oflast page for instructions) Check box if aniel sale of If multiple cnwriem, list percentage ofownership next to name. Street address of property: 1790 Berry Road. Ellensburn. WA 98926 This property is located in Kittitas County a ❑ Check box ifany of the listed parcels are being segregated from another parcel, are part oft boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See attached sheet ® Select Land Use Code(s): t - Undwal. ;led UA ('.no only] enter any additional codes: (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferrer) under ❑ ❑ chapters 84.36, 84.37, or 84.38 RCW (nouprofit alludzation, senior citizen, or disabled person, homeownerwith limited inaxmer YES NO Is finis property designated as forest land per chapter 84.33 RCW? ❑ ❑ Is this property classified as currant use (opm space, farm and ❑ ❑ agricultural, ortimber) land per chapter 84.34? Is this property receiving special valuation as historical property ❑ ❑ perdnapta 84.26RCW? If arty answers are yes, complete as instructed below (1) NOTICEOFCON (NUANCE (FDRFSrLANDORCURRENTUsp NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, tstm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then detemnine if the land transferred continues to qualify and will indicate by signing below. Ifthe land no longer qualiSes oryou do not wishto continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may comad your local county assessor for more infomtation. This land ❑does ❑ does not qualify for continuance. .[ u 1 r AL=.I. QUA (2) NOTICE OF COMPLIANCE (IHSTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) Reason for exempti on Type of Document Statutory Warranty Deed Date of Document Gross Selling Price $ Name Aaron and Stephanie Royer *Personal Property (deduct) $ Name Mtas County Public Works .Waa Taxable Selling Price $ 9.000.00 ° zm:) � 115.20 Mailing Address 1790 Berry Road Ci lStatwZi Ellensburg, WA, 98926 ty p 22.50 Mailing Address 411 N. Ruby SL CitylStatelZip Ellensburg, WA 98926 Phone No. (including area code) (509) 899-4197 Local $ Phone No. (including area code) 509 962-7523 Sendai property tax correspondence to: ❑� Same as Buyer/Granteenumbers Name List all real and personal property tax parcel account — check bar if personal property 806336 ❑ List assessed value(s) $9,m Mailing Address Citymate by Phone No. (including area code) ❑ ❑ ❑ Street address of property: 1790 Berry Road. Ellensburn. WA 98926 This property is located in Kittitas County a ❑ Check box ifany of the listed parcels are being segregated from another parcel, are part oft boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See attached sheet ® Select Land Use Code(s): t - Undwal. ;led UA ('.no only] enter any additional codes: (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferrer) under ❑ ❑ chapters 84.36, 84.37, or 84.38 RCW (nouprofit alludzation, senior citizen, or disabled person, homeownerwith limited inaxmer YES NO Is finis property designated as forest land per chapter 84.33 RCW? ❑ ❑ Is this property classified as currant use (opm space, farm and ❑ ❑ agricultural, ortimber) land per chapter 84.34? Is this property receiving special valuation as historical property ❑ ❑ perdnapta 84.26RCW? If arty answers are yes, complete as instructed below (1) NOTICEOFCON (NUANCE (FDRFSrLANDORCURRENTUsp NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, tstm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then detemnine if the land transferred continues to qualify and will indicate by signing below. Ifthe land no longer qualiSes oryou do not wishto continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may comad your local county assessor for more infomtation. This land ❑does ❑ does not qualify for continuance. .[ u 1 r AL=.I. QUA (2) NOTICE OF COMPLIANCE (IHSTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. If the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) Reason for exempti on Type of Document Statutory Warranty Deed Date of Document Gross Selling Price $ 9,000.00 *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ 9.000.00 Excise Tax: State $ 115.20 0.0025 Local $ 22.50 *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal S 137.70 *State Technology Fee S 5.00 *Affidavit Processing Fee $ Total Due $ 142.70 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantor or Grantor's Agent Name (print) Date & city of signing: Signature of Grantee or Grantee's Agent Name (print) Date & city of signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine {RCW 9A.20.020 (1Q. REV 84 0001a (119/14) THIS SPACE - TREASURER'S USE ONLY DEPT. OF REVENUE INSTRUCTIONS Note: To report a transfer of a controlling interest in real property, please use the Real Estate Excise Tax Affidavit Controlling Interest Transfer Return, Re Venue Fc M No. 84-00 0 1 13. This form is available online at tally. ::dor.wag.:v. Section 1: Enter the name(s) of seller/grantor. This is the person(s) conveying interest in the property. Section 2: Enter the name(s) of buyer/grantee. This is the person(s) receiving interest in the property. Section 3: • Enter the name and address where you would like all future property tax information sent. • Enter the tax parcel number and current assessed value for real and personal property being conveyed. Check the box to indicate personal property. Section 4: • Enter the street address of the property. • Enter the county if in unincorporated area. Enter city name if located within a municipality. • Enter the legal description of the property. Section 5: • Enter the appropriate land use code for the property. Please list all codes that apply on the lines provided in section 5, See WAC :58.53-030 (5) for a complete list. 09 - Land with mobile home • 23 - Apparel and other finished • 33 -Primary metal industries 71 - Cultural activitiednature exhibitions 10 - Land with new building products made from fabrics, 34 - Fabricated metal products • 74 - Recreational activities (golf • 11 -Household, single family unitsleather, and similar materials , 35 -professional scientific and controlling courses, ere.) • 12 -Multiple family residence (2A Units) 24' Lumber and wood products instruments; photographic and optical 75 - Resorls and group camps gook � watches/clocks manufacturing 8 s. 8 80 -Water or mineral right " 13 -Multiple family residence (5 + Units) (except furniture) � 25 - Furniture and fixtures 39 - Miscellaneous manufacturing 81 - culture not in current use " 14-Mobieho home condominiums 26- Paper and allied products 50 -Condominiums -other than residential � ( ) • 15 -Mobile home pants or courts - 63 -Agriculture current use Rf -.4' 84 3ti 16-Hotels/motels 27 - Printing and publishing • 53 - Retail Trade - general merchandise X6 - Standing Timber (separate from • 28 - Chemicals 54 - Retail Trade - food land) • 17 - Institutional Lodging (convalescent homes, nursing homes, etc.) 29 - Petroleum refining and related . 58 - Retail trade - eating & drinking • 88 - Forest land designated RCS.' 4.33 18 -All other residential not coded industries (restaurants, bars) 91 - Undeveloped Land (land only) 19 -Vacation and cabin 30 - Rubber and miscellaneous 59 _ Tenant occupied, commercial properties 94.Open space land RCW V. Y plastic products , 64 - Repair services 95 - Timbedand classified RC''a: 5-,. 34 - 21 - Food and kindred products 3l - Leather and leather products • 22 - Textile mill products32 -Stone, clay end grass products 65 - Professional services (medical, dental, etc.) 96 - Improvements on leased land ' Section 6: Indicate whether the property is designated as forest land per chapter 84,3 3 RCW, classified as current use (open space, farm, agricultural, or timber) per chapter F 4.34 '.CW, or receiving special valuation as historic property per chapter 84.26 RCW. Section 7: • List personal property included in the selling price of the real property. For example, include tangible (furniture, equipment, etc) and intangible (goodwill, agreement not to compete, etc). • Use Tax is due on personal properly purchased without payment of the sales tax. Use Tax may be reported on your Combined Excise Tax Return or a Consumer Use Tax Return, both available at http://dor.wa.gov. • Ifyou are claiming a tax exemption, cite the specific Washington Administrative Code (WAC) number, section and subsection and provide a brief explanation. Most tax exemptions require specific documentation. Refer to the appropriate WAC to determine documentation requirements. Chapter1'.58-61 A WAC' is available online at lmttp:``dor.vva. ov. • Enter the type of document (quit claim deed, statutory warranty deed, etc.), and date of document (MM/DD/YYYY) Enter the selling price of the property. • Selling price: For tax purposes, the selling price is the true and fair value of the property conveyed. When properly is conveyed in an arm's length transaction between unrelated persons for valuable consideration, there is a presumption that the selling price is equal to the total consideration paid or contracted to be paid, including any indebtedness. Refer to RCW 82.4.5.030 for more information about selling price. Deduct the amount of personal property included in the selling price. Deduct the amount of tax exemption claimed per chapter 45 8-6 1 A WAC. • Due Date, Interest and Penalties: Tax is due at the time of sale/transfer. If tax is not paid within one month of the date of saleltransfer, interest and penalties will apply. The interest rate is variable and determined per RC:V.% 82.='_.050. Delinquent penalties are 5% one month after the due date, 10% two months after the due date, and 20% three months after the due date. (RCW ;7..45..100) State Technology Fee: A $5.00 Electronic Technology Fee that is due on all transactions. (52.45.1 _0) Affidavit Processing Fee: A minimum of $5.00 shall he collected in the form of tax and processing fee. A processing fee is due on all transactions where no tax is due and on all taxable transactions where the tax due is less than $5.00. (RC W 82.45.180) Section S: Both grantor (seller) and grantee (buyer), or the agent of each, must sign this form, certifying that all the information provided is correct. Note: Original signatures required on the "County Treasurer" copy. Signatures may be required on the "Assessors" copy. Check with your county. Where to send completed forms: Completed forms should be submitted to the County Treasurer's or Recorder's Office where the property is located. Audit: Information you provide on this form is subject to audit by the Department of Revenue. Underpayments of tax will result in the issuance of a tax assessment with interest and penalties. Note: in the event of an audit, it is the taxpayers' responsibility to provide documentation to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date or sale. (RCW 82.45.100) Ruling requests: You may request a predetermination of your tax liability. The written opinion will be binding on both you and the Department based on the facts presented (WAC 458.20-100(9)). Send your ruling request to: Department of Revenue Taxpayer information & Education P.O. Box 47478 Olympia, WA 98504-7478 FAX (360) 705-6655 For tax assistance, contact your local County Treeaurer/Recorder or visit http://dor.wa.gov or call (360) 570-3265. To request this dceu:nent in an altemate foment, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 84 0001a Inst (119114) EXHIBIT 2: Statutory Warranty Deed Page 4 of 5 Public Works "Work Session Staff Report' 2023 After Recording, Return To: Name: Kittitas County Public Works 411 North Ruby Street, Suite 1 Ellensburg, WA 98926 STATUTORY WARRANTY DEED The grantor, Aaron L. and Stephanie M. Royer, husband and wife ("Grantor"), for and in consideration of good and valuable consideration, the sufficiency of which is hereby acknowledged, in hand, conveys and warrants to KITTITAS COUNTY, a Washington Municipal Corporation ("Grantee"), all legal interest in the following described real estate situated in Kittitas County, State of Washington, commonly known as NNA Berry Road, Ellensburg, Washington 98926 and more specifically described as: Parent Parcel APN: 806336 (per Subdivision Guarantee issues by Amerititle, Policy No. 72156-48153925) The Westerly 604.11 feet, when measured at right angles thereof, of the Following described property: That Portion of the Northwest Quarter of the Southeast Quarter of Section 13, Township 17 North, Range 18 East, W.M., Kittitas County, State of Washington, which is described as follows: Beginning at a point on the East boundary line of said Quarter of Quarter Section which is 30 feet North of the center of the Southeast Quarter of said Section and on the North boundary line of the Right of Way of Tjossem County road; and running; thence North 88°33' West along said North boundary line of said right of way 1256.8 feet; thence North 1 '16' East along the East boundary line of the right of way of Berry County road454.0 feet; thence Sough 88°35' East 1240.78 feet to the East boundary line of said Quarter of Quarter Section; and thence South 0°45' East along said East boundary line of said Quarter of Quarter Section, 455.0 feet to the point of beginning. Transfer Parcel That portion of the above parcel described as follows: Beginning Southeast corner of Section 13, Township 17 North, Range 18 East, W.M., Kittitas County, State of Washington; thence N87°46'23 "E, a distance of 2597.27 to the South Quarter corner of said Section; thence N00°16'09"W, a distance of 1311.62 feet to the Northwest corner of Southwest Quarter of Southeast Quarter of said section, and True Point of Beginning; thence N88°39'39"E, a distance of 123.64 feet; thence along the arc of a non -tangent curve to the left, having a central angle of 20°51'27", a radius of 470 feet, and a chord bearing and distance of N09°08'13"W, 170.15 feet; thence NI 8'22'49"W, a distance of 30.48 feet; thence along the arc of a curve to the right, having a central angle of 21'41'12", a radius of 415 feet, and a chord bearing and distance ofN07°32'13"W, 156.14 feet; thence NO3'1 8'23 "E, a distance of 99.65 feet; thence along the arc of a curve to the right, having a central angle of 04°37'24", a radius of 620 feet, and a chord bearing and distance of N05°37'03"E, 50.02 feet to the North line of the above described parcel; thence along said North line, N87°57'55"W, a distance of 79.50 feet to the West line of Southeast Quarter of said Section; thence along said West line S00°16'09"E, a distance of 500.91 feet to True Point of Beginning Containing 14328 sq. ft. more or less. DATED this _ day of , 2023. GRANTORS: Aaron L. Royer Stephanie M. Royer Attest: LE STATE OF WASHINGTON) )ss. COUNTY OF KITTITAS ) On this day of , 2023 before me personally appeared Aaron L. Royer, and Stephanie M. Royer, husband and wife, who executed the within and foregoing instrument and acknowledged said instrument to be their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. DATE: (Signature) Print Name: Notary Public in and for the State of Washington Residing at My Commission Expires EXHIBIT 3: Right -of -Way Exhibit Page 5 of 5 Public Works "Work Session Staff Report" 2023 v rn m i m 0 cD 0 z 7755"W 79.50 1 N 0 O 0 U I PORTION , 1 DESCRIBED R/W WITHIN DEED LIMITS 14328 SQ. FT. rn � , C I o V) IjI 0 I � 1 I LS8639'39"E L 10 y0 �z o A J Ix * je 0 W l4 N 1,3 ars U, �� o I lIfo yo z -<J- -i - (�„ cr J 7X O m OD to g 4. p w PQ N r pX-3. M :n o 0� o r 1 a� dJ 1Y I U! 1 5��0��01 N I N � 1 I I y 1 N8755'55"W 77.83 2597.27 0. 6) T LLn` 0,% co L FC 41 �S Y 0/ �] 2554.20 N89'32'43"W ryFCO Cep of AAF `rF� 7� HATCHING SHOWS p PORTION OF DESCRIBED R/W WITHIN DEED LIMITS 14328 SQ. FT. n p o � o � s �1 1°T.P.O.B. LS8639'39"E L Q 1 J s CA o " � O � - 1 m J 1 0 o 1301.09 Lp ' DEED LINE PER LEGAL DESCRIPTION 2620.32 S89'1 1'20"W 0 'C)0� o SA�� I rn 0 ra qs, r,.; oy F N 0 ,L S C'O Vo 0 0 �''SjticyFc G,y •P N89'32'43"W 2607.71 Lel z 0 r` [a r, !n z 0 Q N]� rO 4 m o M2O � o O 0 1°T.P.O.B. LS8639'39"E L Q m S88739'39"E 1301.09 1301.09 p w PQ N �G Ge cry, LO ��� SF o r 1 100 q \b, � V) c, ryF cgb�S 5��0��01 S8T46'23"E 2597.27 SECTION 13 T17N, R18E., W.M. -not to scale - DEED LINE PER LEGAL DESCRIPTION 60' WIDE RIGHT dF SWAY ~PER COUNTY ,0 _ _ _ROAD PLANS AND SURVEY 36-91 _ N8T44'29"W � 153.71 i -��� 588'39'39"E 1 N LINE SWI/ 4 SEIZ4 SEC 13 0 T.P.0.6. 123. — �z po — KITTITAS COUNTY PUBLIC WORKS NAM'BERRY RD R?W EXHIBIT 411 N. RUBY ST., ELLENSBURG WA 98926 PROPOSED R/ AQUISITION (509) 962-7523 www.co.kifflfas.wa.us r KITTITAS COUNTY PT SE1 /4 SEC. 13 T18N., R17E., W.M {)PAWING TYPE PARCEL NO. 806336 MAP I.D. 17-18-13040-0020 DRAWN 8Y: J. TURNBULL ING SCALE: 1 "=Fn' SHEET 1 OF 1 SHEETS PROJECT DATE: 10/18Z2022 18025 CHECKED: J, TURNBULL